Excelsior Correspondent
Srinagar, May 31 : High Court today quashed two detention orders passed under Public Safety Act citing non-application of mind by the authorities while passing these orders and directed for immediate release of the detenues
Detenue Manzoor Ahmed Khan @ Mana Khan of Chill Tehsil Khansahib Budgam challenged the detention Order No. DMB/PSA/02 of 2020 dated 29.08.2020 passed by District Magistrate. His counsel informed the court that the grounds taken in the detention order and the material referred to are of no relevance because the detenue-Khan was already in custody at the time of passing of detention order as such there is no possibility that he would be implicated in the activities prejudicial to the public at large as also not been provided with material of his detention in order to make a representation before the competent authority.
Justice Ali Mohammad Magrey after considering the matter said, the detention of the detenu is vitiated as the detenue having been prevented from making an effective and purposeful representation against the order of detention. Accordingly quashed the detention order with the direction to release the detenu from preventive custody forthwith.
Dealing with the case of detenue Rameez Ahmad Malla of Wattergam Rafiabad, District Baramulla, Justice Magrey said, the non-application of mind by the detaining authority is fatal and goes to the root of the detention and, therefore, is sufficient to vitiate the impugned order of detention.
Detenue Malla was detained under detention Order No. 83/DMB/PSA/2020 dated 14.02.2020 passed by District Magistrate, Baramulla. The detention order reveals that in the month of May 2019 the detenue developed contacts with one foreign militant Maz Bahi of Hizbul Mujahideen outfit and started providing all sorts of assistance to the said foreign militant.
“The detenue got motivated by said militant to work with the said outfit as OGW of Hizbul Mujahideen. The detenue was instrumental in strengthening the militancy network in the area of Rafiabad. For his involvement in the activities, the petitioner was apprehended on 07.11.2019 in connection with case FIR No.161/2019 under Sections 18,39 of ULA(P) Act and 7/25 Arms Act registered in Police Station, Dangiwacha, which is under investigation”, reads the grounds of detention
The detaining authority has noted that there was well-founded apprehension based on a report received from field information that the detenue, if released on bail, would again indulge in subversive activities.
Court on mere apprehension by the authority and passing the order of detention said, it is clear that either there is lapse on the part of police to provide all relevant material to the detaining authority or there is lack of application of mind on the part of detaining authority and the detaining authority was not aware whether the detenu was in police or judicial custody or he stood released on bail.
“For that reason, there is hardly any necessity to consider other grounds of challenge urged by the counsel for the petitioner. In view of the aforesaid position, this petition is allowed and the impugned order of detention 83/DMB/PSA/2020 dated 14.02.2020 is quashed. The detenue is directed to be released from preventive custody forthwith”, Justice Magrey directed.
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